UN Office of the Special Adviser on the Prevention of Genocide and the International Criminal Court Prosecutor: Investigate the Possibility that Israel is Committing the Crime of Genocide Against the Palestinian People

On 2 March 2015, we sent a ‘Cease and Desist Order’ to the Prosecutor at the International Criminal Court (also copied to the Chancery Department, Royal Courts of Justice, London), under Article 15 of her jurisdiction, and in relation to the notification and claim submitted in August 2014 for the prevention of genocide and other grave crimes against humanity against Palestinians, with particular reference to: 1948 Convention on the Prevention and Punishment of Genocide in relation to Israelis’ actions and continuing against Palestinians (indigenous population), General Assembly’s Uniting for Peace Resolution of 1950 Articles 15, 5, 6, 7, 8, 27, 28 and 29 of the Statute of Rome

This claim was accepted on 11 August 2014 with the following reference: OTP-CR-249/14. Should you wish to submit evidence, please do so under this reference, or start your own action under Article 15 (and 15.3, if you have been a victim of Israeli crimes against humanity, including collective punishment).

The Palestinian BDS National Committee (BNC) welcomes and supports your initiative to encourage people worldwide to write to the UN Office of the Special Adviser on the Prevention of Genocide, and demand that the UN conduct an enquiry into the possibility that Israel may have committed the crime of genocide against the Palestinian people and publish its findings and recommendations.

Many human rights agencies including the International Criminal Court (ICC), the UN Security Council, the Human Rights Council and the UN High Commissioner for Human Rights are selective about their commemorations and condemnations. Mass murderers in the USA, Israel, UK and France appear absolutely immune from international sanctions. For example the ICC has ruled repeatedly that there is “insufficient evidence” for it to investigate Israel for war crimes, crimes against humanity and genocide.

The Russell Tribunal on Palestine convened an emergency session in Brussels last month to examine whether Israel committed war crimes in the besieged Gaza Strip during “Operation Protective Edge,” the summertime military assault that killed more than 2,100 Palestinians, including more than 500 children, and left Gaza in ruins.

After hearing testimony from journalists, eyewitnesses, legal scholars and physicians present during the onslaught, the twelve-member jury, made up of world-renowned intellectuals and international law experts, found Israel guilty of “war crimes, crimes against humanity, crimes of murder, extermination and persecution and also incitement to genocide…”

Taken together, the testimonies presented at the Russell Tribunal (all of which can be viewed here) demonstrate a clear pattern of intentional destruction of Gaza and its people by an increasingly extreme settler-colonial state “primed for genocide,” as Max Blumenthal put it.

Genocide does not happen overnight or in a vacuum. There are warning signs, many of which were raised at the Russell Tribunal.

As demanded by the peoples and all justice and peace-loving forces, the International League of Peoples’ Struggle (ILPS) calls for the prosecution before the International Criminal Court of Israeli officials and military commanders for committing war crimes, genocide, and crimes against humanity, and US leaders for aiding, abetting, and assisting in the commission of these crimes during the murderous rampage of the Israeli Defense Forces (IDF) in their 50-day military aggression on Gaza codenamed Operation Protective Edge… US officials have aided, abetted and assisted the commission by Israel of war crimes, genocide, and crimes against humanity by providing the latter with the military means to commit these crimes…

The ILPS supports the action taken by the US’ National Lawyers Guild (NLG), Center for Constitutional Rights, International Association of Democratic Lawyers (IADL), Arab Lawyers Union, and American Association of Jurists in urging Fatou Bensouda, Prosecutor of the International Criminal Court (ICC), to initiate an investigation of war crimes, genocide, and crimes against humanity committed by Israeli leaders, and aided and abetted by US officials in Gaza.

“An Argentine lawyer said he will file a lawsuit in federal court in Buenos Aires accusing Israel of crimes against humanity and genocide… the suit will be filed in the coming days in response to Israel’s 50-day operation in Gaza this summer. The suit is in conjunction with the American Association of Jurists… The suit singles out specific Israeli leaders as being responsible both directly and non-directly for the alleged crimes, including Prime Minister Benjamin Netanyahu, Foreign Minister Avigdor Liberman, Defense Minister Moshe Ya’alon, IDF Chief of Staff Benny Gantz and Likud MK Moshe Feiglin.”

By sending vast amounts of military aid to Israel, members of the US Congress, President George W. Bush, President Barack Obama and Defense Secretary Chuck Hagel have aided and abetted the commission of war crimes, genocide and crimes against humanity by Israeli officials and commanders in Gaza. An individual can be convicted of a war crime, genocide or a crime against humanity [PDF] in the International Criminal Court (ICC) if he or she “aids, abets or otherwise assists” in the commission or attempted commission of the crime, “including providing the means for its commission.”

There is growing evidence that Israeli leaders and commanders have committed the following war crimes, genocide and crimes against humanity as defined in the Rome Statute for the ICC. US military aid has aided, abetted and assisted the commission of these crimes by providing Israel with the military means to commit them.

Lets not mince words. Israelis are committing genocide in Gaza. But the United Nations is loath to use the “G” word and it us using the “C” (condemn) word instead. Why? Money talks. The top financier of the United Nations is America with a whopping 22.00% in direct funds (followed by Japan 10.83%, Germany 7.14%, France 5.59%, and GB 5.18%), if the United Nations called out the genocide in Gaza, its top financier would have to be punished for its complicity.

According to Article 3 of the Convention on the Prevention and Punishment of the Crime of Genocide, persons committing genocide or complicity in genocide shall be punished “whether they are constitutionally responsible rulers, public officials or private individuals.” The United States not only supports and funds the ongoing genocide in Gaza, replenishes Israel with more funds and weaponry, but it also uses its political clout to enable Israel to continue its ruthless crimes against humanity…

The American government is not alone in its complicity in genocide or in its incitement. Mainstream media networks and commentators who paint a picture of an Israel “self-defense” to give room to the continued genocide are complicit and must be punished. But in the opinion of this writer, the vilest partners in this crime are the Egyptian and Saudi leaders committing fratricide.

Egypt’s military coup leader and the illegitimate president of Egypt, al-Sisi, whom the Israel ambassador called a ‘hero for all Jews’ , has trapped the Gazans so that Israel can eliminate them all. Genocide will prove to be lucrative business for the Egyptians…

“Today I want to talk about Israel, but particularly its criminality. Its war crimes, genocide, crimes against humanity, and apartheid. Of course it’s a criminality that could not be carried out by Israel without the weapons and support of the United States.”

5. ISRAEL’S OBLIGATIONS UNDER INTERNATIONAL LAW
Several bodies of international law apply to Israel’s conduct in the West Bank, including East Jerusalem… International criminal law, which establishes individual criminal responsibility for certain violations and abuses of international human rights law and international humanitarian law, such as war crimes, crimes against humanity and genocide, as well as torture, extrajudicial executions and enforced disappearance…

5.5 INTERNATIONAL CRIMINAL LAW
Individuals, including military personnel and law enforcement officers, can be held criminally
responsible for certain violations of international human rights law and international humanitarian
law.
Under the principle of universal jurisdiction, all states have an obligation to investigate and, where
enough admissible evidence is gathered, prosecute crimes under international law, including
genocide, crimes against humanity, war crimes, torture, extrajudicial executions and enforced
disappearances.